Hershey Sues Edible Marijuana Maker Over Punny Product Names

We can’t imagine anyone with even the most basic grasp of the English language would confuse Hershey’s Almond Joy with “Ganja Joy,” an edible marijuana product. Nor do we think anyone will mistakenly buy a “Dabby Patty” thinking it’s a York peppermint patty. But we don’t work for the Hershey legal department, which has sued a Colorado company over punny pot product names that the chocolate goliath believes are too close to its trademarked brands.

The Denver Channel reports that Hershey recently filed the lawsuit in a federal court in Denver, alleging trademark infringement and dilution.

“Defendants, who are well aware of the fame and popularity of these Hershey products and marks, are manufacturing and selling cannabis- and/or tetrahydrocannabinol-laced chocolate and candy products,” reads the complaint, “using names, marks and designs that are knock-offs of Hershey’s famous REESE’S, HEATH, ALMOND JOY and YORK trademarks and trade dresses, in order to increase sales of defendants’ cannabis and tetrahydrocannabinol candy products, draw additional attention to their products, confuse consumers as to the source of their products, call to consumers’ minds Hershey’s famous and beloved brands, and otherwise to trade on the goodwill of Hershey and its brands.”

Hershey also contends that the similar branding and packaging of these products “creates a genuine safety risk with regard to consumers” who may inadvertently eat them, as “Individuals and families the world over trust Hershey and its various brands as signifying safe and delicious treats for people of all ages.”

You have to love it when a company manages to work marketing language into its lawsuits.